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HomeMy WebLinkAboutCity Council Resolution 2019-122 C ITY OF P LYMOUTH R ESOLUTION N O. 2019-122 R ESOLUTION A PPROVING V ARIANCES TO THE F RONT AND S IDE Y ARD S ETBACKS AND AN I MPERVIOUS S URFACE C OVERAGE V ARIANCE TO A LLOW AN ADDITION TO THE H OME FOR P ROPERTY L OCATED AT 1469 W. M EDICINE L AKE D RIVE (2019001) WHEREAS, Thomas and Mary Lauer has requested approval of front, side yard setback variances and an impervious surface coverage variance for an addition to the home; and WHEREAS, the subject property is legally described as: Lot 3, Block 1, Elmhurst Gateway, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the request by Thomas and Mary Lauer for front and side yard setback variances and an impervious surface coverage variance for the addition to the home for property located at 1469 W. Medicine Lake Drive, subject to the following findings and conditions: a) The requested variances for the addition to the home are consistent with the residential uses listed for this land use classification in the comprehensive plan. b) The applicant has demonstrated that there are practical difficulties in complying with the ordinance regulations, because: a. the request is reasonable and the property would be used in a reasonable manner; b. the request is due to circumstances not created by the property owners as the subject property was created in 1916 and its legally non-conforming width and size limits the area for the addition and limits the amount of allowable impervious surface coverage; and c. the variances would not alter the essential character of the lot or neighborhood. The proposed addition would align with the neighboring structures. A BMP is being provided in order to offset any additional impervious surface. c) The requested variances are not based upon economic considerations, but rather, are based upon a desire to build an addition to the home on the lot that is more useable for the owner. d) The requested variances and resulting construction would not be detrimental to the public welfare, nor would they be injurious to other land or improvements in the neighborhood. The proposed addition would have similar setbacks as the neighboring properties. The applicant Resolution 2019-122 (2019001) Page 2 has indicated they are working with the neighboring property owners to coordinate construction near the property lines and to possibly coordinate landscaping plans. e) The requested variances and resulting construction would not impair an adequate supply of light and air to adjacent properties, nor would they increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. The proposed addition would increase the property value of this lot. f) The variances requested are the minimum action required to address the practical difficulties. The proposed addition would meet or exceed all other zoning regulations. 1. An approved stormwater and erosion control plan from the Engineering Division is required prior to construction of the home. 2. Prior to issuance of a building permit, the applicant shall modify the plans to comply with 2015 MN Residential Code Section R302. 3. A building permit is required prior to construction of the home. 4. At framing inspection, the building inspector shall field verify that the southwest corner of the home is at least 6.15 feet from the front property line and that the southwest corner of the home is at least 3.25 feet from the side property line, based on located property irons. 5. Two-55-gallon rain barrels shall be placed and maintained on the south side of the home. 6. Provide and maintain sod between the garage and Evergreen Lane. 7. Intensive vegetation clearing on the steep slope is not allowed. 8. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 9. The variances shall expire one year after the date of approval, unless the property owner or applicant has commenced the authorized improvement or use, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance. ADOPTED by the City Council on this 23rd day of April, 2019. Resolution 2019-122 (2019001) Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 23, 2019 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ____________day of ____________________, _____. ____________________________________ City Clerk